B1/B2 VISA denial & illegal work -HELP!

[TyBy 3]

I doubt very much if you would be asked such a question.

So what shuold I expect to happen ?

[Noah Lot 391]

Time and patience is the most likely solution. An immediate reapplication will have an overwhelming chance of denial (probably upwards of 98%). that's life.

[aaron2020 11,651]

Found a list of all classes which may be applicable or non-applicable for waivers:

GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS

Ok. Now, where does it say you can appeal a denial for a visitor visa?

[Deputy Purple 1,294]

i got the 214(b) paper (the common one), and the official said he doubt my credibility and declined my request.

So basically the CO said that because he doubts your credibility (due to catching you in a lie about the illegal work) he used the low hanging fruit and denied you based on you're failure to overcome the presumption of immigrant intent.

Be lucky he didn't deny you for misrepresentation.

The problem is that you're now set-up for Material Misrepresentation because they have you denying that you worked illegally (which is a fact material to their decision) so if you go back and admit to lying then they have you on record as admitting to it.

It's a nice little Catch-22 you gotten yourself into there.

[TyBy 3]

It says that 214b is not applicable for a waiver.. It is not relating to the type of VISA but for the type of rejection.

[TyBy 3]

So basically the CO said that because he doubts your credibility (due to catching you in a lie about the illegal work) he used the low hanging fruit and denied you based on you're failure to overcome the presumption of immigrant intent.

Be lucky he didn't deny you for misrepresentation.

The problem is that you're now set-up for Material Misrepresentation because they have you denying that you worked illegally (which is a fact material to their decision) so if you go back and admit to lying then they have you on record as admitting to it.

It's a nice little Catch-22 you gotten yourself into there.

Indeed catch-22... Im so lost in terms of next steps.

[Deputy Purple 1,294]

It says that 214b is not applicable for a waiver..

Which makes sense as 214(b) is the requirement that you not intent to immigrate in order to be issued a non-immigrant visa...

Edited April 2, 2012 by Bob 4 Anna

[TyBy 3]

Which makes sense as 214(b) is the requirement that you not intent to immigrate in order to be issued a non0immigrant visa...

Yes but if they have solid facts that I was illegaly wotke there, why i didnt get the 214a?

[Harpa Timsah 13,258]

TyBy: I know you want answers, but we don't have them. This conversation is going in circles. Visa stuff is classified, so we can't know exactly what happened, what was noted, or what the next steps are. The CO told you not to apply for 6 months. This is what you should be focused on. By telling you not to reapply before a set time, there is also a tacit suggestion to reapply - just after 6 months.

I also think you were lucky that they denied you for 214b.

[Noah Lot 391]

Yes but if they have solid facts that I was illegaly wotke there, why i didnt get the 214a?

because 214b is the catch all refusal code...you are indeed fortunate that they did not pursue a 6C (misrepresentation) finding against you, because you (a) lied to the VO to get your visa (b) lied to our border folks about the true purposes of your visit and © started working within 30 days of your admission....if you go back soon, some VO will very likely work very hard to find you PERMANENTLY ineligible, and good luck after that! Best to (as we say) let sleeping dogs lie....you have virtually no positive result or benefit by reapplying soon, only more grief.

[TyBy 3]

because 214b is the catch all refusal code...you are indeed fortunate that they did not pursue a 6C (misrepresentation) finding against you, because you (a) lied to the VO to get your visa (b) lied to our border folks about the true purposes of your visit and © started working within 30 days of your admission....if you go back soon, some VO will very likely work very hard to find you PERMANENTLY ineligible, and good luck after that! Best to (as we say) let sleeping dogs lie....you have virtually no positive result or benefit by reapplying soon, only more grief.

Thanks Noah, i guess thats what i'll do. In the meantime I have an appointment with a lawyer today in regards to this issue, I will keep you all posted latsr on....

A great thanks to everyone which replied on this thread, you are very helpful and I really appreciate it!

[Noah Lot 391]

A lawyer cannot do anything for you except lighten your wallet...they have no power nor authority to tell any VO what to decide....and more than likely all you will hear from this lawyer will be a bunch of promises that won't be worth anything, or that he/she will write some letter that will magically convince the VO to override their own judgment...as you will discover, letters and calls from attorneys are viewed with deep suspicion...for good reason.

[jaycali 415]

Thanks Noah, i guess thats what i'll do. In the meantime I have an appointment with a lawyer today in regards to this issue, I will keep you all posted latsr on....

A great thanks to everyone which replied on this thread, you are very helpful and I really appreciate it!

Please let us know what happens. I too would say you're lucky you didn't get slapped with a material misrepresentation, and think you should lay low for a while.

No lawyer can change the law, or somehow make the CO disregard the law. All they can do is give advice as to how to best make the law work in your favor.

I think it's a long shot, but if you weren't hit with material misrepresentation then and there you still aren't 100% doomed. Consult with a lawyer and bring all facts on the table.

[I AM NOT THAT GUY 5,715]

ok.. I will, but then they will say "You previously declined because you weren't credible, what new info you may provide now for us to re-consider your apllication ? " what shld i say?

The truth, this time.

[TyBy 3]

Ok, I'm back from the appointment with the lawyer which I must say was truely decent with me!

She said that there is not much i can do except applying again and to fully cooperate with the CO's. as well as to state in My VISA application that I tried to get a VISA unlawfully by misrepresenting the facts, otherwise that will be another hole i'm digging to myself by not representing the truth, at the end i should te CO to provide me the option to ask for a weiver.

She said that there is no Time factor here as the CO stated he trust my strong ties to Israel, but not my credibility and time won't change anything, so there is nothing wrong by reapplying so soon.

She said that she don't see any reason for me spending additional money on lawyeres at this point untill i will fix the wrong impression , if possible at all.

Tommorow i plan to sit and reapply the DS-160 and cross fingers real hard.